and Commonwealth Affairs Order 1968 (No. 1968/1657)
The provision referring to the Secretary of State for the Colonies in the 1935 Order in Council cannot be removed by another Order in Council made under section 2 of the 1926 Act, because that Act confers no power on Her Majesty in Council to revoke or to amend an Order made under section 2 of the 1926 Act.
I consider, however, that the transfer to our Secretary of State of the power formerly exercisable by the Secretary of State for the Colonies can be made under section 1 of the 1946 Act mentioned in the first paragraph of this minute. Sub-section (1) of that section reads as follows: -
"Her Majesty may be Order in Council provide for the transfer to any Minister of the Crown of any functions theretofore exercisable by another Minister".
4. Before such an Order in Council can be made we under- stand that Treasury approval must be obtained;
if you are not the right person to contact on this matter we should be grateful if you would forward this letter to the appropriate officer. Subsequent to this preliminary point being disposed of we can then proceed with the consideration of the draft rules.
J. M. Bridgman, Esq.,
Treasury.
(H. H. Stewart)
Hong Kong Department